Common use of Warrant Coverage Clause in Contracts

Warrant Coverage. The Company shall issue to Xxxxxx or its designees at each Closing, warrants (the “Xxxxxx Warrants”) to purchase that number of shares of common stock of the Company equal to 5% of the aggregate number of shares of Common Stock placed in each Offering (if the Securities are convertible or include a “greenshoe” or “additional investment” option component, such shares of Common Stock underlying such Securities or options). If the Securities included in an Offering are non-convertible, the Xxxxxx Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The Xxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that the Xxxxxx Warrants shall have an exercise price equal to 125% of the public offering price of an Offering. If no warrants are issued to investors in an Offering, the Xxxxxx Warrants shall be in a customary form reasonably acceptable to Xxxxxx, have a term of 5 years and an exercise price equal to 110% of the then market price of the Common Stock 000 Xxxx Xxxxxx | Xxx Xxxx, Xxx Xxxx 00000 | 212.356.0500 Security services provided by X.X. Xxxxxxxxxx & Co., LLC | Member: FINRA/SIPC

Appears in 2 contracts

Samples: Letter Agreement (Evoke Pharma Inc), Letter Agreement (Evoke Pharma Inc)

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Warrant Coverage. The Company shall issue to Xxxxxx or its designees at each Closing, warrants (the “Xxxxxx Warrants”) to purchase that number of shares of common stock of the Company equal to 5% of the aggregate number of shares of Common Stock placed in each Offering (if the Securities are convertible or include a “greenshoe” or “additional investment” option component, such shares of Common Stock underlying such Securities or options). If the Securities included in an Offering are non-convertible, the Xxxxxx Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The Xxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that the Xxxxxx Warrants shall have an exercise price equal to 125% of the public offering price of an Offering. If no warrants are issued to investors in an Offering, the Xxxxxx Warrants shall be in a customary form reasonably acceptable to Xxxxxx, have a term of 5 years and an exercise price equal to 110% of the then market price of the Common Stock Stock. 000 Xxxx Xxxxxx | Xxx Xxxx, Xxx Xxxx 00000 | 212.356.0500 Security services provided by X.X. Xxxxxxxxxx & Co., LLC | Member: FINRA/SIPC

Appears in 2 contracts

Samples: Letter Agreement (Cancer Genetics, Inc), Letter Agreement (Cancer Genetics, Inc)

Warrant Coverage. The Company shall issue to Xxxxxx Xxxxxxxxxx or its designees at each Closing, warrants (the “Xxxxxx Xxxxxxxxxx Warrants”) to purchase that number of shares of common stock of the Company equal to 510% of the aggregate number of shares of Common Stock placed in each Offering, other than shares issued in any Excluded Offering (if the Securities are convertible or include a any short-term warrant(s), “greenshoe” or “additional investment” option component, such shares of Common Stock underlying such Securities or options). If the Securities included in an Offering are 000 Xxxx Xxxxxx | Xxx Xxxx, Xxx Xxxx 00000 | 212.356.0500 | xxx.xxxxx.xxx Member: FINRA/SIPC non-convertible, the Xxxxxx Xxxxxxxxxx Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The Xxxxxx Xxxxxxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that the Xxxxxx Warrants shall have an exercise price equal to 125% of the public offering price of an Offering. If no warrants are issued to investors in an Offering, the Xxxxxx Xxxxxxxxxx Warrants shall be in a customary form reasonably acceptable to XxxxxxXxxxxxxxxx, have a term of 5 years and an exercise price equal to 110% of the then market price of the Common Stock 000 Xxxx Xxxxxx | Xxx Xxxx, Xxx Xxxx 00000 | 212.356.0500 Security services provided by X.X. Xxxxxxxxxx & Co., LLC | Member: FINRA/SIPCStock.

Appears in 1 contract

Samples: Letter Agreement (International Stem Cell CORP)

Warrant Coverage. The Company shall issue to Xxxxxx or its designees at each Closing, warrants (the “Xxxxxx Warrants”) to purchase that number of shares of common stock of the Company equal to 5% eight percent (8%) of the aggregate number of shares of Common Stock placed in each Offering (if the Securities are convertible or include a “greenshoe” or “additional investment” option component, such shares of Common Stock underlying such Securities or options), other than, in a private placement Offering only, shares of Common Stock placed to the Excluded Investors. If the Securities included in an Offering are non-convertible, the Xxxxxx Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The Xxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that the Xxxxxx Warrants shall have an exercise price equal to 125% of the public offering price of an Offering. If no warrants are issued to investors in an Offering, the Xxxxxx Warrants shall be in a customary form reasonably acceptable to Xxxxxx, have a term of 5 3 years and an exercise price equal to 110125% of the then market price of the Common Stock Stock. 000 Xxxx Xxxxxx | Xxx Xxxx, Xxx Xxxx 00000 | 212.356.0500 Security services provided by X.X. Xxxxxxxxxx & Co., LLC | Member: FINRA/SIPC

Appears in 1 contract

Samples: Letter Agreement (Innovus Pharmaceuticals, Inc.)

Warrant Coverage. The Company shall issue to Xxxxxx Rxxxxx or its designees at each Closing, warrants (the “Xxxxxx Rxxxxx Warrants”) to purchase that number of shares of common stock of the Company equal to 52.0 % of the aggregate number of shares of Common Stock placed in each Offering, excluding any shares of Common Stock issuable upon exercise of any warrants placed in each Offering (if the Securities are convertible or include a “greenshoe” or “additional investment” option component, such shares of Common Stock underlying such Securities or optionsoptions are excluded). If the Securities included in an Offering are non-convertible, the Xxxxxx Rxxxxx Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The Xxxxxx Rxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that the Xxxxxx Warrants shall have an exercise price equal to 125% of the public offering price of an Offering. If no warrants are issued to investors in an Offering, the Xxxxxx Rxxxxx Warrants shall be in a customary form reasonably acceptable to XxxxxxRxxxxx, have a term of 5 years and an exercise price equal to 110% of the then market price of the Common Stock 000 Stock. 400 Xxxx Xxxxxx | Xxx Xxxx, Xxx Xxxx 00000 | 212.356.0500 Security services provided by X.X. H.X. Xxxxxxxxxx & Co., LLC | Member: FINRA/SIPC

Appears in 1 contract

Samples: Letter Agreement (Eyegate Pharmaceuticals Inc)

Warrant Coverage. The Company shall issue to Xxxxxx Rxxxxx or its designees at each Closing, warrants (the “Xxxxxx Rxxxxx Warrants”) to purchase that number of shares of common stock of the Company equal to 57% of the aggregate number of shares of Common Stock placed in each Offering (if the Securities are convertible or include a “greenshoe” or “additional investment” option component, such shares of Common Stock underlying such Securities or optionsoptions shall not be included). If the 400 Xxxx Xxxxxx | Xxx Xxxx, Xxx Xxxx 00000 | 212.356.0500 Security services provided by H.X. Xxxxxxxxxx & Co., LLC | Member: FINRA/SIPC Securities included in an Offering are non-convertible, the Xxxxxx Rxxxxx Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The Xxxxxx Rxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that the Xxxxxx Rxxxxx Warrants shall have a term of five years, and an exercise price equal to 125% of the public per share offering price and shall not have any provisions requiring registration of an Offeringthe underlying shares. If no warrants are issued to investors in an Offering, the Xxxxxx Rxxxxx Warrants shall be in a customary form reasonably acceptable to XxxxxxRxxxxx and the Company, have a term of 5 years and an exercise price equal to 110125% of the then market price of the Common Stock 000 Xxxx Xxxxxx | Xxx Xxxx, Xxx Xxxx 00000 | 212.356.0500 Security services provided by X.X. Xxxxxxxxxx & Co., LLC | Member: FINRA/SIPCStock.

Appears in 1 contract

Samples: Letter Agreement (Genvec Inc)

Warrant Coverage. The Company shall issue to Xxxxxx or its designees at each Closing, warrants (the “Xxxxxx Warrants”) to purchase that number of shares of common stock of the Company equal to 55.0% of the aggregate number of shares of Common Stock placed in each Offering (if the Securities are convertible or include a “greenshoe” or “additional investment” option component, such shares of Common Stock underlying such Securities or options). If the Securities included in an Offering are non-convertible, the Xxxxxx Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The Xxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that the Xxxxxx Warrants shall have a term of no greater than 5 years and an exercise price equal to 125% of the public offering price of an Offering. If no warrants are issued to investors in an Offering, the Xxxxxx Warrants shall be in a customary form reasonably acceptable to Xxxxxx, have a term of 5 years and an exercise price equal to 110125% of the then market price of the Common Stock Stock. 000 Xxxx Xxxxxx | Xxx Xxxx, Xxx Xxxx 00000 | 212.356.0500 Security services provided by X.X. Xxxxxxxxxx & Co., LLC | Member: FINRA/SIPC

Appears in 1 contract

Samples: Letter Agreement (Apricus Biosciences, Inc.)

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Warrant Coverage. The Company shall issue to Xxxxxx or its designees at each the Closing, warrants (the “Xxxxxx Warrants”) to purchase that number of shares of common stock of the Company equal to 5% of the aggregate number of shares of Common Stock placed in each the Offering (and if the Securities are convertible or include a “greenshoe” or “additional investment” option component, such number of shares of Common Stock underlying such Securities or options). If the Securities included in an the Offering are non-convertible, the Xxxxxx Warrants shall be determined by dividing the gross proceeds raised in such the Offering divided by the then market price of the Common Stock. The Xxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that the such Xxxxxx Warrants Warrant shall have an exercise price equal to 125% of the public offering price of an per share in the Offering. If no warrants are issued to investors in an the Offering, the Xxxxxx Warrants shall be in a customary form reasonably acceptable to the Company and to Xxxxxx, have a term of 5 years and an exercise price equal to 110125% of the then market price of the Common Stock Stock. 000 Xxxx Xxxxxx | Xxx Xxxx, Xxx Xxxx 00000 | 212.356.0500 Security services provided by X.X. Xxxxxxxxxx & Co., LLC | xxx.xxxxx.xxx Member: FINRA/SIPC

Appears in 1 contract

Samples: Biostage, Inc.

Warrant Coverage. The Company shall issue to Xxxxxx or its designees at each Closing, warrants (the “Xxxxxx Warrants”) to purchase that number of shares of common stock of the Company equal to 54.0% of the aggregate number of shares of Common Stock common stock placed in each Offering (and if the Securities are convertible or include an Offering includes a “greenshoe” or “additional investment” option component, such number of shares of Common Stock common stock underlying such Securities or optionsadditional option component, with the Xxxxxx Warrants issuable upon the closing of the shares issuable pursuant to such option). The warrant coverage shall be reduced to 2.0% for investors who are listed on Exhibit A hereto and 1.0% for Company’s Insiders. If the Securities included in an Offering are non-convertible, the Xxxxxx Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common StockOffering Price (as defined hereunder). The Xxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that the such Xxxxxx Warrants shall have an exercise price equal to 125% of the public offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the closing market price of the common stock on the date immediately preceding the public announcement of the pricing of an OfferingOffering (such price, the “Offering Price”). If no warrants are issued to investors in an Offering, the Xxxxxx Warrants shall be in a customary form reasonably acceptable to Xxxxxx, have a term of 5 five (5) years from the effective date of the Registration Statement relating to the Offering and an exercise price equal to 110125% of the then market price of the Common Stock 000 Xxxx Xxxxxx | Xxx Xxxx, Xxx Xxxx 00000 | 212.356.0500 Security services provided by X.X. Xxxxxxxxxx & Co., LLC | Member: FINRA/SIPCOffering Price.

Appears in 1 contract

Samples: Letter Agreement (Mateon Therapeutics Inc)

Warrant Coverage. The Company shall issue to Xxxxxx Rxxxxx or its designees at each Closing, warrants (the “Xxxxxx Rxxxxx Warrants”) to purchase that number of shares of common stock of the Company equal to 54% of the aggregate number of shares of Common Stock placed in each Offering (if the Securities are convertible or include a “greenshoe” or “additional investment” option component, such shares of Common Stock underlying such Securities or options). If the Securities included in an Offering are non-convertible, the Xxxxxx Rxxxxx Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The Xxxxxx Rxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that the Xxxxxx Warrants shall have an exercise price equal to 125% of the public offering price of an Offering. If no warrants are issued to investors in an Offering, the Xxxxxx Rxxxxx Warrants shall be in a customary form reasonably acceptable to XxxxxxRxxxxx, have a term of 5 years and an exercise price equal to 110% of the then market price of the Common Stock 000 Xxxx Xxxxxx | Xxx Xxxx, Xxx Xxxx 00000 | 212.356.0500 Security services provided by X.X. Xxxxxxxxxx & Co., LLC | Member: FINRA/SIPCStock.

Appears in 1 contract

Samples: Letter Agreement (Cel Sci Corp)

Warrant Coverage. The Company shall issue to Xxxxxx or its designees at each Closing, warrants (the “Xxxxxx Warrants”) to purchase that number of shares of common stock of the Company equal to 53 % of the aggregate number of shares of Common Stock placed in each Offering (if the Securities are convertible or include a “greenshoe” or “additional investment” option component, such shares of Common Stock underlying such Securities or options). If the Securities included in an Offering are non-convertible, the Xxxxxx Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The Xxxxxx Warrants 000 Xxxx Xxxxxx | Xxx Xxxx, Xxx Xxxx 00000 | 212.356.0500 Security services provided by X.X. Xxxxxxxxxx & Co., LLC | Member: FINRA/SIPC shall have the same terms as the warrants issued to investors in the applicable Offering, except that the Xxxxxx Warrants shall have an exercise price equal to 125% of the public offering price of an Offering. If no warrants are issued to investors in an Offering, the Xxxxxx Warrants shall be in a customary form reasonably acceptable to Xxxxxx, have a term of 5 years and an exercise price equal to 110% of the then market price of the Common Stock 000 Xxxx Xxxxxx | Xxx Xxxx, Xxx Xxxx 00000 | 212.356.0500 Security services provided by X.X. Xxxxxxxxxx & Co., LLC | Member: FINRA/SIPCStock.

Appears in 1 contract

Samples: Letter Agreement (BioPharmX Corp)

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